Concerns about Commercial Surrogacy

Jayanta Dhar

Abstract

Right to reproduction, being universally recognised human right, clubbed with growing cases of infertile couples round the globe, obliges state to think twice its approaches toward surrogacy which is perceived as a means of hereditary lineage continuation and thus very often preferred over adoption. And thus prospect of ART industries is evident, of which Compensatory Surrogacy, if allowed in vindication of feminist discourses, partisan of enchasing female liberty of fertility faculty; does calls for such adequate protective mechanism ensuring that gestational mothers are in no way reduced to mere wombs. The contours of women empowerment that potentially segregates the sanctity of motherhood into biological mother and gestational mother, of which the later is subservient by agreement, are of more concern from feministic perspective when such are not purely act of magnanimous but commercial. The situation is then worst when such agreements are ventured in a patriarchal society without any adequate legal framework even to resort any related flaw. There is yet no international consensus arrived confidently to set up any universal standard of normative frame work to regulate surrogacy agreement. Commercial Surrogacy has a mixed rationale for feministic concerns that calls for more complex analysis of deeper casual connections amid women, child and society.

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References

Handbook on Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994 and Rules with Amendments, Ministry of Health and Family Welfare Government of India 2006.

Law commission of India, Report no 228, Need for legislation to regulate assisted Reproductive technology clinics as well as Rights and obligations of parties to a Surrogacy

National Guidelines for Accreditation, Supervision and Regulation of ART Clinics in India- Ministry of Health and Family Welfare Government of India, Indian Council of Medical Research National Academy of Medical Sciences (India), New Delhi – 110029 2005.